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*Jon Jamora (transpo notes)*
Transportation
(Crisostomo v CA)
Contract of carriage/Transportation- persons/ assoc of persons obligate
themselves to transport
persons/things/news from one place to
another at a fixed price
- common carrier 173
Kinds of Transportation
Parties to a Contract of Trans
1! Carriage of passengers- common carrier
- passenger" one who travels in a p#blic
conve$ance b$ virt#e of contract% &/'%
w/ pa$ement of fare to the carrier
! Carriage of oods
- carrier
- shipper" person deliv goods to carrier
for trans" pa$s consideration
- consignee" to whom goods delivered"
can be the shipper at some
instances/can be a 3rdperson not part
of contract
Conductor
- one who binds himself to transport
persons/things/news" engaged in the
b#siness of carr$ing goods for hire
Carriers (in general" rvate/Common)
persons or corps who transport goods%grat#ito#sl$ or for hire" can either be common
or private carriers
Freight
- compensation paid to the carrier for
transporting goods
- goods trans b$ b$ */+/A
Governing Laws
,verland Transportation- CivCode 173 - 17..
- Code of Commerce" 30-7
Coastwise 2hipping
- Civ Code
- Code of Com
Cos foreign - hil ports
- Civ Code
- Code of Comm
- Co2A
- 2alvage *aw
Co2 hil - oreign orts
- 173
Air Transportation
- Civ Code- Code of Comm
- 'nternational Carr" +arsaw
Alitalia v 'AC
- 4 assoc prof" spea5er in 46
sponsored meeting" sci papers in
l#ggage" arrival" l#ggage dela$ed" did
not partici in conference
- Alitalias defense" liable onl$ for the
en#meration in +arsaw
- +arsaw" application" not an excl#sive
en#meration of airlines liabilit$ (or
even a limit to the extent of the
liabilit$)" 8oes not excl#de liabilit$ for
other breaches of contract
- 'f there is 9/wilf#ll miscond#ct"
carrier cant avail of +arsaws
limitation
Common Carriers & Private Carriers
Common Carriers
- 1732
- P!
173
- CCs are /C/ or As
- &ngaged in the b#siness of trans or
s or both
- 9$ */+ or A
- or compensation% offering theirservices to the p#blic
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Prima facie case against carrier" ,urden of
proof
Fncha#sti v 8exter
- gov via p#rchasing agent" mineral oil"carrier Fncha#sti" arrived w/ one case
missing per shipment
- (loss thr# ca#ses #n5nown" carrier
m#st prove that it was thr# accident or
some other circ#mstance)
- no explanation G cc liable
- rcpt in good order- arrival in bad
order H prima facie case
;irasol v 8ollar
- boo5s" shipped" arrival in bad order"9o* not liable for ; perils of the sea
- admitted that goods were damaged in
its possession" 9o on (8) to prove
that it was ca#sed b$ some fact that
exempts it from liabilit$
- rcvd in good condidtion" admitted
goods dmgd" how it was damaged and
when" matter w/ in carriers 5nowledge"
#nreasonable to ma5e owner prove it
- boxes damaged" b#rden of proof on
carrier" in better position to 5now since
in his cont/possession
173* -1." /at 0isaster" 173 F
Asia *ighterage v CA
- T$phoon" h#man intervention"
negligence
- Failed to exercise exod
- even before towing bits broke, it
sustained holes in docking- patched only w/ clay
- despite K of Typhoon, proceeded to
consignees wharf
- typhoon not proximate cause
Tanchiong v 'ncha#sti
- shipment of gen merchandise" agreed
to a transshipment" lorcha" strong
winds" driven ashore" goods scattered"
gathered" sold A"
- the !" is not liable as it was not
negligent and the cause of the loss was
entirely due to a fortuitous event
- there was no notice of the storm that
was to come in the port of #ubat
- the loss and damage was due to thewreck and heavy storm
- !" had a natural interest in
preserving the lorcha for it had its
own goods on it$ The !"s agents and
the patron master of the lorcha" did
the measures necessary to save the
lorcha clearing the boat of gear
resisting the wind; procuring an extra
anchor"
- !"s agent took all measures to
salvage the goods w/ knowledge of theshipper
- the lorcha had no means of changing
anchorage$ %herever it went it would
be exposed to the waves of the
hurricane$
- no liabilit$ when loss d#e to & D
carrier not negligent
- t$phoon (&)% m#st be onl$ and proxi
ca#se
- &" exercise of exod" before d#ring
and after
- After incident" after wrec5% agent too5
meas#res to salvage goods w/ * of
shipper" s#bse@#entl$ sold to the adv
of shipper
- 8#e diligence in event of &" before
d#ring and after of nat# disaster
lorcha H no motor" via sail/wind
moreland (dissenting)
lorcha wo#ld obvio#sl$ lead to the loss
;artini v ;acondra$
- chemical prod#cts" shipment" damaged
d#e to seawater" carriage on dec5
- letter of g#arant$" gave carrier choice
of carriage on dec5 or #nder dec5" no
space #nder dec5
- goods on dec5 D consent of the
shipper" bears ris5 of loss- shifting b#rden of proof
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- still liable if in?# might have been
avoided
shifting b#rdens
- initial b#rden H prove contract (breach)
then carrier m#st prove exercise of exod" ifs#ccessf#l % in case of exempted ca#ses - d#e
diligence - not liab
&astern 2hipping *ines v 'AC
- pipes/fabrics/s#rve$ing instr#s" fire"
total loss
- ire (not nat disaster)" &" h#man
means" carrier did not prove diligence-
liable
- fire not of exempting ca#ses" fire#s#all$ man made
- cogsa" s#ppletor$ to civ% s#pples code%
limiting in absence of declaring a
higher val#e
- law (civ code/cogsa/warsaw) a#to
incorpo in cont of carriage
9ascos/&astern shipping v 'AC
- b#rden of proof
- for pres#mption of negli to arise" in?#
or death/loss (evi) m#st be given
- #ltimate facts
- loss/in?#r$ - expenses
- relief (damages)" civ/crim" instances
when cv cr can be sim#ltaneo#s
- prove contr of carriage D evidence
- in?# - hospi records med rcpts
- goods - doc#
- (simpl$) contract D breach/damage
Compania ;aritima v 'ns#rance Co!
- hemp" transshipment" oral contract"
barge" rcvd in behalf" san5"
recondition"
- &" CA9" storm" no storm reall$"
carrier negli" had crac5s
117*" F'" of fact
(ositive evi needed" to prove exercise ofexod)
- Art! 117E provides that no person shall be
responsible for those events which co#ld
not be foreseen or which tho#gh foreseen
were inevitable
*ea ;er v ;ala$an
- &" I of fact" contract of affreightment
- () manned and controlled barge/
- bo#nd to exercise exod" t$phoon was
far from palawan
- did not show that it was free from
fa#lt" wtiness co#ld not remember if
an$thing was done to minimi=e loss
- 6ot seaworth$" & not sole ca#se" no
personal inspection" had holes
- not eno#gh to prove that it wasseaworth$ at the time of vo$age
(seaworthiness m#st be at time of
vo$age)
173* -*." char of goods" 17*2" Code of Comm
3%13%2
ov v Fncha#sti
- brittle tiles" damage
- character of goods" if proved" not
liable for exercising diligence in
handling s#ch
- (8) proved fa#lt$ nat#re" proved it
wasnt negli" loaded/discharged
diligentl$
- conditions of 9o*" stamped" binding"
stamped before shipment" deemed to
have assented
2o#thern *ines v CA
- sac5s of rice" shortage
- *iabilit$ for loss (shortage)" carrier
had < of improper pac5ing" still
accept" not exempted from liabilit$
- 2* Admitted" strings bro5en" bags
with holes and spilled
- personnel collected and distrib#ted .
sac5s among themselves
173* -." orderact of competent Pu, !uth
an=on v CA
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- 2craps" captain rcv" ma$or sha5edown"
fired at owner" later acting ma$or D 3
police" order to d#mp scraps
- order of p#blic a#thorit$" m#st
establish a#thorit$" if not liable" acting
ma$or (not competent)- &rder of '(; failed to estab mayors
autho; scrap did not belong to
mariveles; order of acting mayor not
comepetent pub authority; not duty
bound to obey dumping; no proof of
sufficient intimidation
173%)1734" duration of e(traordinar+
responsi,i$it+" perfection of cont of carr
Compania ;aritima v 'ns#rance Co!- control and possession" loaded on a
lighter manned b$ carriers ees"
- it was loaded" it was recvd b$ patron
Jin behalf of bow5notK" free of charge
not impair cont of carr
- 9o* not re@rd for cont of carr" proof of
stips and obligations" no limits as to
form" oral contract confirmed b$
written boo5ing
8elsan Transport v American :ome 'ns
- diesel oil" discharge" port bow c#t"
vessel drifted" severed r#bber nose"
spill" storage valve not closed"
- still in carriers possession since
discharge not finished when bac5flow
occ#rred" d#t$ to preserve goods
- did not prove exempted ca#ses
- carrier still had control in discharge
!greement to Limit CCs $ia,i$it+
*# 8o v 9inamira
- cases of film" carrier" stevedoring"
arrastre" signs of pilferage
- Control/ossession" inspection via
c#stoms" t#rn over to consignee"
carrier loses possession
- 9o*" limit liabilit$" not liable for
dela$/loss" when not in possession"
Carrier not responsible" (when
shipment was delivered to c#stoms)
- 173. 173L - arrastre is the agent of
c#stoms
- what exempts carrier - element of
control
1734" dut+ of arrastre and carrier" ru$es ondmgs
&astern shipping *ines v CA
- riboflavin" carrier" arrastre" bro5er"
consignee" spillages
- Carrier" ?ointl$ severall$ liable w/
arrastre" did not prove exercise of exod
- Consignee/arrastre"
depositor/wareho#seman"
safe5eeping/ret#rn" cant deliv to 3rd"
#nless express stip" Carrier/arrastre- ,bli to deliv in ood cond to
consignee
- solid liable carrier w/ arrastre
- carrier not alwa$s liable w/ arrastre
solidil$" carrier not liable
- carrier sole petitioner (CA H finding of
negli on part of petitioner)" evidence
on bro5er/arrastre for negli (s#fficient
so solidaril$ w/ carrier)"
- failed to reb#t pres#mption of
negligence
- holding of 3 pla$ers liable% not a hard
and fast r#le" depends on facts of case
(each can be exempted depending on
facts)
- 'nterest" action for damages (not loan)"
sho#ld be paid at legal interest (.M)"
1M applies #pon finalit$ of ?#gd
- s#mmar$ r#le on damages" obliregardless of so#rce is breached"
contravenor liab for dmgs"
- interest act#al/compensator$" depends
of stip#lation (loan/forbearance)" w/o
stip - 1M per ann#m" interest d#e
shall earn legal int from time
demanded"
- obli not consti loan (eg" breach of cont
of carriage for passengers/goods) b#t
damages - rate .M per ann#m"
discretionar$ (m#st be pra$ed for"specificall$ made)" no int tho on
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#li@#idated claims #nless established
on reasonable certaint$
- final exec" 1M per ann#m from
finalit$
17**" 17*" 175" 171" stipu$ation $imiting$ia,i$it+ of CC
:eacoc5 v ;acondra$
- cloc5s" 9o* stip#lations" failed to
deliver
- Can a carrier limit its liabilit$ based on
agreed val#ations it made in a 9o*
- (t$pe% stip limit liab to agreed
val#ation #nless shipper declares a
greater val and pa$s higher rate of
freight)- cla#ses 1 and valid
- $es carrier can limit its liab b#t it shall
be strictl$ constr#ed against him
- conflict between cla#ses
- interpretation" sho#ld be strictl$
constr#ed against the part$ ca#sing it
(this case" carrier)
- 9o* constr#ction" given b$ carrier" for
trans to consignor" strictl$ constr#ed
against carrier
1! one exempting the carrier from an$
and all liabilit$ for loss or damage
occasioned b$ its own negligence!
! one providing for an #n@#alified
limitation of s#ch liabilit$ to an agreed
val#ation!
3! one limiting the liabilit$ of the carrier
to an agreed val#ation #nless theshipper declares a higher val#e and
pa$s a higher rate of freight!
2hewaram v A*
- baggage" mistagged" presented similar
baggage" not his" loss
- stip#lation limiting liabilit$" when not
bo#nd" printed in small letters" hard to
read" m#st be reasonable #nder circs"
- loss" carriers ees" own negligence"cant avail of limitation" tampering
,ng Fi# v CA
- law$er" hearing" docs in maleta"
delivered to hotel" docs missing" not
accept"
- limitation on liab" CA9 did not declarea higher val#e/pa$ premi#m" stip
easil$ readable" m#st have been aware"
limitation applies
- cont of adhesion" still bo#nd even if
not sign" cont of carr"
an Am v 'AC
- films for exhibition 42/#am" promo
materials" l#ggage did not arrive"
- angan did not anno#nce prepas" no
decal of higher val#e D premi#m" nonotice of special circs
- *imitation" applies" +arsaw"
international carriage
Catha$ v CA
- passenger" &N of cement corp"
conference" l#ggage lost
- +arsaw" does not precl#de other
pertinent laws
- 6on application of +arsaw" wilf#ll
miscond#ct of ees/9" cant avail of
limitation" disco#rtes$/ not 5now
l#ggage missing #ntil infored b$
c#stoms - 9
- 2pecial in?#r$" CA9"
Factors affecting agreement:1746, 1747, 1748, 1751, 1752
Applicable Law in Foreign Trade
175!
"#les on $assenger %aggage1754, 1&&8, 2''' to 2''!
1733/17" nat#re/extent of responsibilit$
'saac v A* Ammen
- b#s collided w/ pic5 #p" severed arm
- carrier" exod in avoiding collision" did
ever$thing to avoid" swerved to
right/gravel" s#dden emergenc$"ordinar$ diligence
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- carriage of s" as far as h#man care
and foresight can provide" w/ the
#tmost dili of ver$ ca#tio#s persons
w// d#e regard for all circs
- not an ins#rer against all ris5s
*andingin v antranco
- da#ghters died" exc#rsion" b#s"
swerve" bag#io" passengers fall
- exod" carr$ing s" failed CA9" motor
malf#nction" inspection (not eno#gh
considering strain on vehicle)" failed
d#e regard for all circs" cross ?oint
bro5e
- 9" negli driver" pretended to have
spcl permit" lost control" s#ddenl$
swered" b#s open on one side- ta5e into acco#nt geog of the place" for
vehicle to be fit as to circs
*andicho v 9TC,
- passenger w/ cage of chic5en" abo#t to
fall" passenger attend to cage" fell"
in?#r$
- passenger sleep$" cage was not abo#t
to fall
- carrier not an ins#rer against all ris5"
- ees" carrier" m#st see to it that
passenger safel$ placed" operate
caref#ll$ eno#gh to prevent mishaps
- d#t$ of passenger" place himself in a
safe portion" di==iness/sleeping of
cant be foreseen b$ carrier" s loo5 o#t
6ecesito v aras
- passenger D1$r old" wooden bridge"
lost cont" swerved" fell on cree5"severina drowned" 5id in?#red
- exod" mechanical defect" inspection
(vis#al) - not determine steel
5n#c5les resistance" m#st be periodical
test determining strength of critical
portions of vehicle" safet$ of
passengers
A* v CA O 2amson
- captain overshot air field" mangrove"
in?#red co pilot"
- negligent in allowing captain to fl$"
not pass for captain #nder CAA
reg#lation
- d#t$ of #tmost diligence" extends to
crew" safet$ of passengers/crew"
rationale" mere lapse can res#lt todeath of /C
2#lpicio v CA
- ,wner of l#mber hired stevedores"
load carrier" gas/copra" stevedores
#nconscio#s" amalaran died of gas
poisoning
- 6ot passenger" stevedore" b#t presence
called for b$ cont of carr" who else
wo#ld load" carrier responsible for
their safet$"- ailed ord dili in selection/s#pervision
of ees" ins#fficient training on
handling s#ch goods" preca#tionar$
meas#res"
BA* v As#ncion
- stop over narita" overnight sta$"
shorepass" denied b$ immigration"
discrepanc$ in passport" bro#ght to rest
ho#se" expenses
- 9reach of contract" none CA9" d#t$ to
inspect trav docs" b#t not to veracit$ of
ever$ entr$
- Admission to co#ntr$" be$ond carriers
powers" immigration
173%" 0uration of #esponsi,i$it+" 6arsaw
art 17" Code of Com %4
Cangco v ;PP
- ee" step off" melons" at night" right arm
cr#shed"
- liabilit$" negli of ees" cont of carriage"
d#t$ of carr$ing passenger safel$"
entering leaving
- breach of contract" not necessar$ to
prove that there was negli"
8el rado v ;eralco
- street cars" motorman" stations" ran tocatch" signaled" slowed down" before
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sec#ring position" accelerated" fell"
right foot cr#shed
- obligation to stop" stations" none since
not at station" 94T sho#ld not increase
peril" d#e regard for all circs" breached
d#t$ when he accelrated
*a ;allorca v CA
- famil$" shade" bag left" father get bag"
motor not sh#t" w/o cond#ctors signal"
driver moved vehicle" toddler cr#shed
s5#ll
- Cont of carr still" as to father/child
- Peasonable opport#nit$ to alight"
contin#es #ntil reasonable opp to
leave"
- Alt CoA" @#asidelict
9ataclan v ;edina
- b#s" passengers" night" tire b#rst"
overt#rned in canal" some passengers
co#ld not get o#t" ho#r later" ees got
help" men had torches" gas spread" lit"
- proximate ca#se" carriers fa#lt (not
fire)" negligence of driver ca#se of
overt#rning" co#ld have smelled gas
Aboiti= v CA
- farmer passenger" vessel arrive"
stevedore too5 care of cargo" 1 ho#r
later went bac5 to get cargo" crane hit
him" died
- Carrier still liable" cont of carr" not
terminated" arrive at point of desti" if
remains in premises to claim baggage
- Peasonable opp to leave
A* v ca O Qapatos- bo#nd for ceb#" airport closed" heav$
rains" proceed to diff airport" informed
of options" not accommodated" co#ld
not hitch" accepted free tic5e #nder
protest" p#rchased tic5et
- obli of carrier" comfort and
convenience of passengers" incl#ded in
safet$ of passengers"
- 2tranded passengers" exod in providing
comfort" diversion d#e to & not termi
ccont of carr" responsibilit$ contin#es
#ntil reach point of desti/leave
premises"
- eailed exod in providing comfort"
war" & not sole ca#se" did not contest
no all weather airport
Presumption of /eg$i" 17%
Force a8eure
9achelor &xpress v CA
- passenger came on board" stabbed C
soldier" ca#sed panic" passengers ?#mp
o#t of b#s" in?#ries
- &" m#st be sole ca#se" m#st have no
negli on part of carrier
- CA9" carrier negli" fast driving"belated stop" not e@#ipped w/ proper
doors"
ort#ito#s &vent
- ca#se #nforeseen/indep of h#man will
- impossible to foresee/inevitable
- impossible to render obli in a normal
manner
- obligor free from participation from
ca#sing in?#r$ to credi
I#is#mbing v CA
- nbi agent" s#spect in 5illing of a ?#dge"
re@#est" captain not send re@#est"
hi?ac5" g#nshots" hold #p captain" got
belongings of passengers"
- &" no negli on carrier" grave threat"
passengers shot" screening proced#res
not stop determined hi?ac5ers
- Threat not #pon gaining entr$" when
most effective"
17" 17.0" Pesponsibilit$ for acts of &es
9ataclan v ;edina
- negligence of ee" proximate ca#se of
death
8e illaco v ;PP
- passenger manila railroad" g#ard of
;PP" shot illaco" gr#dge"
- carrier no liab for 8eve=as acts" nod#ties at time"
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- 2hooting" &" gr#dge #nforeseeable
;aranan v ere=
- taxi" driver stab passenger
- diff between old civ and new civil
code- absol#te liabilit$ for acts of ees
basis of carriers liab for assa#lts made b$
drivers
- minorit$ view" liab onl$ if w/ in the
scope
- ma?orit$ view" s#fficient that done w/
in co#rse of ees d#t$ (implied" safel$
trans passenger)" absol#te liab for ees
assa#lts" Jin excess of AK not a defense
Peasons for ma?orit$ view
- special #nderta5ing" f#ll meas#re of
protection p#rs#ant to high meas#re of
care given b$ law" speciall$ from own
ees
- liabilit$ for ees" delegation of d#t$ to
ees to safel$ trans passenger
- carriers bear the ris5 of wrongf#l acts
of ees" power to select/remove
Carrier liable
- correctl$ claim against driver" covered
b$ crim case w/c incl#ded civ liab
*PTA v 6avidad
- passenger" altercation w/ g#ard" fell on
trac5s" ran over b$ train
9asis of *iabilit$
- cont of carr" breach of cont- in discharge of its commitments"
carrier ma$ hire ees ,P
o#tsiders/indep firms
- not relieved of responsibilities #nder
cont of carr
- CA9" sec# agenc$ not liable" evidence
ins#fficient
17.3" Pesponsibilit$ for acts of 2trangers/co
passengers
ilapil v CA
- passenger on b#s" b$ stander" threw
roc5" left e$e impaired
- acts of strangers" ordi diligence in
preventin" if wholl$ b$ stranger"
carrier not liab" carrir no control over
circs- carrier not ins#rer against all ris5
9achelor v CA
- act of stranger" conc#rring negligence
of carrier" carrier negligent
17.1/17." 8#t$ of assengers" contri negli
Cangco v ;PP
9#t% onl$ ordinar$ diligence is re@#ired of
cangco
- was there an$thing in the circs that
wo#ld ma5e the passenger do
otherwise given the same circs
- Cangco was did not 5now of the
obstr#ction" dar5"
+as there contri negli
- still $o#ng" no ris5 in alighting from a
moving train (slowl$)" place was
familiar to cangco" there was no contri
negli
Contrib#tor$ negligence" determination" did
person act rec5lessl$" ph$sical conditions
considered" if not characteri=e impr#dence (no
contri neg)
'saac v A* Ammen
Contrib#tor$ negligence of 'saac
- seated on left side" rested arm on
window sill" severance" he was the
onl$ victim
contri negli P H red#ction of dmgs"
exception H protr#de an arm/elbow% be$ond
edge of window H no recover$ (will not res#lt
if it were not for s#ch negli)
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Contri negli" not relieve carrier of liabilit$"
red#ction of amo#nt of damages"
17.E" 1" 01" 03" 0."
Act#al/Compensator$ dmgs
!rt9 219 '(cept as provided ,+ $aw or ,+
stipu$ation: one is entit$ed to an ade;uate
compensation on$+ for such pecuniar+ $oss
suffered ,+ him as he has du$+ proved9 uch
compensation referred to as actua$ or
compensator+ damages9
!rt9 22519
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Nilla Pe$ v CA
- b#s hit b#ll cart" end of bamboo pole
penetrated wind shield" left e$e
in?#red/brain conc#ssion" died
's the TCs comp#tation on the n#mber of
$ears correct- TC" A&T;" life expectanc$ 33 and R"
he was 30" form#la /3 (L0-30) G life
expectanc$
- Nillare$" invo5ing E $ear r#le"
- 'n alcantara" none of parties @#estioned
E $ear basis" it was not the r#le w/
regard to time" no #niform r#le"
depends on circ#mstance
Pate of damages
- here not of f#ll amo#nt of earning"s#pport (intestate heirs)
- earning H necessar$ expenses G net
earnings
A* v CA O adilla
- plane crash" heir" mother
+as the comp#tation of indemnit$ correct"
based life expectanc$ of the deceased
- A*s arg#ment" principle of law in
the 42" life expectanc$ of the deceased
or the beneficiar$" w/c ever is shorter
- oreign ?#ris onl$ ers#asive" will
appl$ onl$ if no avlbl law/?#ris
- Applicable laws 17.E/0." damages
for death based on life expectanc$ of
deceased (not beneficiar$)
- *iabilit$ for loss of earning capacit$"
paid to heirs" assessed and awarded b$
co#rt" 46*&22 had no earning
capacit$ (ph$sical disabilit$ not ca#sed
b$ def)- 8avilla case" 30 $ears of age at death"
life expect 33 1/3" form#la - /3 (L0-
30)" income from 3 diff so#rces" d#e to
circs life expec lowered to (had
ailments and bac5 aches)
- roving act#al dmgs" witnesses
;ate/re$es" had 5nowledge of salaries"
ob?ections to their testis waived"
*ife expec 30 $ears" single
17"1."1"0"0.(3)" ;oral8amages
!rt9 22179 ora$ damages inc$ude ph+sica$
suffering: menta$ anguish: fright: serious
an(iet+: ,esmirched reputation: wounded
fee$ings: mora$ shoc@: socia$ humi$iation: and
simi$ar in8ur+9 Though incapa,$e of pecuniar+
computation: mora$ damages ma+ ,e recovered
if the+ are the pro(imate resu$t of the
defendantBs wrongfu$ act or omission9
!rt9 221%9 /o proof of pecuniar+ $oss is
necessar+ in order that mora$: nomina$:
temperate: $i;uidated or e(emp$ar+ damages
ma+ ,e ad8udicated9 The assessment of such
damages: e(cept $i;uidated ones: is $eft to the
discretion of the court: according to the
circumstances of each case9
!rt9 2219 ora$ damages ma+ ,e
recovered in the fo$$owing ana$ogous cases A
-1. ! crimina$ offense resu$ting in
ph+sica$ in8uries"
-2. uasi)de$icts causing ph+sica$
in8uries"
(((
-15. !cts and actions referred to in
!rtic$es 21: 2%: 27: 24: 2: 35: 32: 3* and 39
(((
!rt9 22259 6i$$fu$ in8ur+ to propert+
ma+ ,e a $ega$ ground for awarding mora$
damages if the court shou$d find that: under the
circumstances: such damages are 8ust$+ due9
The same ru$e app$ies to ,reaches of contract
where the defendant acted fraudu$ent$+ or in
,ad faith9
!rt9 225%9 (((
-3. The spouses: $egitimate and
i$$egitimate descendants and ascendants of
the deceased ma+ demand mora$ damagesfor menta$ anguish ,+ reason of the death of
the deceased9
ores v ;iranda
- ;oral damages
- m#st be discarded
- breach of cont" for moral to be given"
m#st prove 9" analogo#s cases 1"
0" @#asidelicts does not incl#de
previo#s contract#al relations
- death of a passenger" allows recov ofmoral dmgs
8/14/2019 trans notes.doc
13/21
- if passenger does not die" no moral
recov" #nless 9 proven
negligentl$ (is not a breach of confidence)"
hence not a#tomaticall$ 9"
Air rance v Carrascoso- 1stclass" given to white man" better
right"
2ho#ld ;oral damages be granted
- $esS
- rom 1stclass to to#rist class"
compelled to leave after being seated"
d#e to embarrassment too5 pan am
instead ;adrid - ;la
- ail#re to f#rnish 1stclass" s#ffered
mental ang#ish/embarrassment
- 1stclass 9ang5o5 to teran" breach ofcont when failed to giv 1stclass% 9 -
compelled to to#rist class after seated"
- o#sted b$ manager to give white man
his seat" captain ref#sed to intervene"
did not present mgr to den$ statement
on captain" no evidence if whiteman
had reservation" did not prove if white
man did have a better right - def
silent
- manager" did not ?#st prevent
carrascoso from en?o$ing his right"
imposed his arbitrar$ will" threatened
to throw him o#t of the plane
*ope= v an Am
- senator w/ wife/da#ghter/son in law" 1st
class" given to#rist class"
+as there 9
- F&2S
- *ope= arg#ment" pre?#dice against
pino$s" other passengers- an Ams arg#ment" honest mista5e"
reservations made via ?oint reservation
card" w r#finos (L in all pl#s lope=es)"
other r#finos #nder sep reservations"
new reservation card made" agenc$
cancelled r#finos" b#t herran=
(reservation ee) mista5enl$ cancelled
even lope=es" contacted san fran ofc
for reinstatement" wait listed" still a
month awa$" herran= confident and
forgot abo#t it" vila" co wor5er of
herran=" confirmed reservation" tele= to
san fran" b#t still #nable to
- an A; in effect" admitted that it
cancelled reservations" intentionall$
withheld fact of cancellation" lettingthem believe their 1st class reservations
valid" s#ch cond#ct amo#nts to 9"
malice
- Peservations s#per visor" non
notification" Jprompted him to
withhold infoK" his d#t$ to inform
them D tic5ets of record Jmar5ed ,